Terms of Use

1. We are the Mule Deer Foundation: a non-profit organization based in California (“MDF”, “we”, “us”, or “our”). We are committed to restoring, improving, and protecting mule deer, black-tailed deer, and their habitat. Come and join us!

2. The following Terms of Use (“Terms”) set out your rights and responsibilities when you use our website and platform (collectively, the “Services”). Please read them carefully. By using any of the Services (including using this website on your computer), you agree to all the Terms. If you do not understand the Terms, or if you do not (or cannot) agree to any part of the Terms, then you may not use the Services.

1. To be eligible to use the Services, you must (i) be at least 18 years old, (ii) live where the Services are offered and available, and (iii) not be prohibited from accessing or using the Services under applicable law.

1. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use, subject to these Terms. Your license does not create any agency, partnership, joint venture, employment, or chapter relationship with MDF.

2. You may donate to MDF online by using our Services. Although there are often tax benefits for making donations to MDF, all charitable donations (including any reporting requirements or qualification restrictions) are governed by applicable law. Except as required by applicable law, MDF does not make any representation or warranty about any donation or similar benefits that it receives.

3. You many also use our Services to become a member of MDF. The type of memberships that are available, and the benefits of those memberships are

   described on the corresponding product page on our website. You can also contact us for more information using the contact information below. If you choose to become a member of MDF, you are solely responsible for your membership, and you cannot share or transfer your membership to anyone else.

4. If you become a member of MDF, you may also create an account using our Services. You are solely responsible for all activity on your account, regardless of whether you authorized it. Your account (including your username and login credentials) cannot be shared with or transferred to anyone else, and you must immediately notify us of any unauthorized use of your account.

You have different rights, responsibilities, and obligations, depending on how you use the Services.

1. If you use any of the Services, these Terms of Use and our Privacy Policy apply to you and are part of the Terms. Our Privacy Policy explains how we handle your personal data and protect your privacy when you use the Service.

2. If you use a third-party service to purchase a product from us, the terms of use, privacy policy, or other agreements from that third-party service may apply to you, but they are not part of the Terms. Instead, they are a separate agreement between you and the applicable third party. For more information about the third-party services you may encounter on our Services, please refer to section 8 below.

1. While using the Services, you may encounter different content, like names, profile pictures, photographs, descriptions, stories, instructions, comments, reviews, logos, trademarks, and other information and materials (collectively, the “Content”).

2. Content is owned by, and is the sole responsibility of, the person or entity that provided it to the Services. This means you keep any ownership rights for your Content. It also means we are not responsible for your Content, or any Content provided by third parties.

3. If you provide Content to the Services, you represent you have all necessary rights to that Content, and you are not infringing or violating anyone else’s rights by providing it to the Services.

4. You grant us a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, distribute, modify, copy, publish, display, adapt, translate, host, exploit, monetize, create derivative works of, and sell copies and derivative works of the Content you provide to the Services. You also grant each other user of the Services a worldwide, non-exclusive, royalty-free license to access and use that Content as authorized by the Services. These licenses will end a reasonable amount of time after you remove your Content from the Services, except we can keep (but not display or distribute), copies of any Content that is removed.

5. Other than the licenses expressly described in the Terms, neither you nor we will acquire any right, title, or interest in any intellectual property rights belonging to the other party or to the other party’s licensors

6. You may remove your Content from the Service at any time. However, you must remove your Content if you do not have the right to provide it to the Services.

7. MDF does not endorse your Content or any Content provided by third parties. We also do not have any obligation to make any specific Content available on the Services. We reserve the right to remove any Content from the Services that we believe (1) breaches the Terms, (2) violates applicable law, or (3) may cause harm to MDF, our users, or third parties.

8. If you see Content that you believe does not comply with the Terms or the law, you can report it to us using the contact information at the end of these Terms.

1. You agree that you will not interfere with or disrupt (or attempt to interfere with or disrupt) the Services or associated servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or provide any information to MDF that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.

2. You also agree to not use the Services:

   1. For any unlawful purposes;

   2. To upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening,

      menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal, or otherwise objectionable;

   3. To upload, post, or otherwise transmit any material that infringes any copyright, trademark, patent, or other intellectual property right or any moral right or artist’s right of any third party including, but not limited to, MDF or to facilitate the unlawful distribution of copyrighted content or illegal content;

   4. To harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;

   5. To forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Services;

   6. To upload, post, or otherwise transmit any material which is likely to cause harm to MDF’s or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Services, which may cause any defect, error, malfunction, or corruption to the Services;

   7. For any commercial purpose, except as expressly permitted under these Terms;

   8. To sell access to the Services on any other website or to use the Services on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from Services by hyperlink and not to compete with MDF.

1. We sometimes provide access to third-party products or services (“Third-Party Services”) or allow Third-Party Services to engage with us or the Services in different ways. This access and these features are only made available as a convenience. MDF does not own or control any Third-Party Service, and your access and use of them is at your own risk. The provider of a Third-Party Service (“Third-Party Provider”) may require you to accept its own terms of service, privacy policy, or other agreements before using its Third-Party Service. Those documents are between you and the Third-Party

   Provider (not us), and it is your responsibility to review those documents carefully before accepting them. We are not obligated to intervene in any dispute between you and any provider of a Third-Party Service.

2. MDF does not endorse, authorize, or sponsor any Third-Party Service, and MDF is not affiliated with any Third-Party Service, regardless of whether a Third-Party Service is available on or accessible through the Services, or whether a feature allows a Third-Party Service to integrate or engage with the Services. MDF also does not make any warranty, guarantee, or commitment about any Third-Party Service. For example, MDF has not made any representation about whether a Third-Party Service will meet your needs, or even work like you expect. You understand and agree MDF is not responsible or liable to you or anyone else for any Third-Party Service, including your use of or access to any Third-Party Service.

3. You also agree to not use the Services:

   1. For any unlawful purposes;

   2. To upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening,

      menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal, or otherwise objectionable;

   3. To upload, post, or otherwise transmit any material that infringes any copyright, trademark, patent, or other intellectual property right or any moral right or artist’s right of any third party including, but not limited to, MDF or to facilitate the unlawful distribution of copyrighted content or illegal content;

   4. To harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;

   5. To forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Services;

   6. To upload, post, or otherwise transmit any material which is likely to cause harm to MDF’s or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Services, which may cause any defect, error, malfunction, or corruption to the Services;

   7. For any commercial purpose, except as expressly permitted under these Terms;

   8. To sell access to the Services on any other website or to use the Services on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from Services by hyperlink and not to compete with MDF.

1. You may stop using the Services at any time. If you have an account with us, you may also deactivate your account through the account settings.

2. In addition to anything else we are allowed to do, we may suspend, restrict, or terminate your access to the Services if we believe:

   1. you, your Content, or your use of the Services violated the Terms;

   2. you violated an agreement with a Third-Party Provider;

   3. you are prohibited from using, receiving, or participating in any aspect of our Services under applicable law;

   4. we are required to do so to comply with a law, court order, or other legal obligation; or

   5. there has been conduct that creates (or could create) liability or harm to MDF, our users, or a third party.

3. We will generally notify you if your access to the Services has been suspended, restricted, or terminated, unless we believe:

   1. the notice would violate applicable law or a request of a legal enforcement authority;

   2. the notice would compromise an investigation;

   3. the notice would compromise the integrity, operation, or security of the Service;

   4. the notice would harm MDF, our users, or a third party; or

   5. you have repeatedly violated our Terms.

4. Our right to suspend, restrict, or terminate your access to the Services includes the ability to suspend, deactivate, restrict, or delete any accounts you have with MDF or any accounts we believe are associated with you.

5. If your MDF account is suspended, deactivated, restricted, or deleted, you may lose the information associated with it, including any related Content. You may also lose the ability to engage with certain parts of the Services. However, some of the Content provided to the Services before the account was suspended, deactivated, restricted, or deleted may still be accessible by others.

6. If you lose access to your account, you may continue using certain parts of the Services that do not require an account, like visiting our website. If you use the Services in this way, the Terms will apply to that use.

7. If your use of or access to the Services is terminated, the following sections will continue to apply to you: (i) “What Terms apply”, (ii) “How Content works”, (iii) “What Third-Party Services you may encounter”, (iv) “How the services can be terminated”, (v) “What other legal terms apply”, (vi) “Miscellaneous”, and (vii) any other provision that, by its nature, should survive.

1. Service Disclaimer. EXCEPT AS EXPRESSLY STATED IN THE TERMS OR AS REQUIRED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND MDF DOES NOT MAKE ANY WARRANTY, GUARANTEE, OR COMMITMENT ABOUT THE SERVICES OR ANY THIRD-PARTY SERVICE. FOR EXAMPLE, MDF HAS NOT MADE ANY WARRANTY OR GUARANTEE ABOUT (1) THE RELIABILITY, AVAILABILITY, SAFETY, OR SECURITY OF THE SERVICES; (2) THE FEATURES AVAILABLE THROUGH THE SERVICES OR WHETHER THE SERVICES WILL MEET YOUR EXPECTATIONS; (3) WHETHER THE CONTENT PROVIDED TO THE SERVICES IS APPROPRIATE, AUTHENTIC, LEGAL, SAFE, OR FIT FOR A PARTICULAR PURPOSE; OR (4) WHETHER YOUR CONTENT WILL BE ACCESSIBLE ON THE SERVICES.

2. Liability Limits. EXCEPT AS REQUIRED BY APPLICABLE LAW, MDF (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES), WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNATIVE DAMAGES RELATED IN ANY WAY TO THE SERVICES, THE TERMS, OR ANY THIRD-PARTY SERVICE INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL. MDF WILL ALSO NOT BE RESPONSIBLE FOR ANY CONTENT, DATA, OR OTHER INFORMATION PROVIDED TO THE SERVICES THAT IS DAMAGED, LOST, OR CORRUPTED. IN NO EVENT WILL MDF’S AGGRAGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF (1) $100, OR (2) THE AMOUNT YOU PAID US IN THE PAST TWELVE (12) MONTHS. THIS PROVISION APPLIES TO ALL CLAIMS, REGARDLESS OF WHETHER THEY ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

3. Limitation on Legal Action. YOU AND WE AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.

4. Indemnification. To the extent allowed by applicable law, you agree to defend, indemnify and hold harmless MDF, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (i) your use of and access to the Services or any Third-Party Services; (ii) your violation of the Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim or allegation that your Content caused harm or damage to a third party.

5. Return Policy.

   1. If merchandise purchased from the Mule Deer Foundation does not meet your fullest expectations, you may return the item(s) within 30 days of receipt accompanied by the purchase invoice for refund (excluding shipping) or exchange. If the product is covered by a warranty, please inform the MDF of your return and follow the instructions given for returns. This is because the item may not need to be returned to the MDF but rather directly to the manufacturer.

   2. All return items must be in original condition. Purchases on sale items are final and not subject to refunds, returns, or exchanges.

   3. Damaged or defective merchandise must be returned for credit or replacement within 30 days of purchase accompanied with the purchase invoice and an explanation as to the nature of the defect/damage.

   4. If you have any questions about returning an item, please call (801) 973-3940, or address inquiries concerning your return to merchandise@muledeer.org.

For questions or information about the Terms or the Services, please send us an email at info@muledeer.org or written correspondence at our address:

By using the Services, you agree we can send you information electronically, and you agree your electronic agreement is the same as your signature on paper.

All brand, product and names used on the Services that identify MDF or its products and services, or any third party or its products and services, are proprietary marks of MDF or the relevant third party. Except as expressly set forth in these Terms, nothing in these Terms or the Services confers on any natural person or entity a license or right with respect to any image, logo, or name.

1. Using the Services does not give you ownership of or rights to any part of the Services, and we reserve all rights that are not expressly given to you under the Terms.
   
   
2. MDF reserves the right, at any time and for any reason, to change, suspend, or terminate any of the Services provided to you, to other users, or to users in general. We will not be liable to you or anyone else if we decide to exercise this right, even if it impacts your income, business, or benefits.
   
   
3. We may change the Terms from time to time. Except as may be reasonably necessary to comply with applicable law, we will let you know about any material change to the Terms in advance. If you do not agree to any change to the Terms, you should remove your Content and stop using the Services. Your continued use of the Services constitutes your acceptance of the changes to the Terms.
   
   
4. You may not assign any of your rights or obligations under the Terms without our prior written approval. We may assign any of our rights or obligations: (a) to any of our affiliates; or (b) in connection with any merger, consolidation, reorganization, sale of all or substantially all our assets, or any similar transaction. Any attempt to assign in violation of this section is void in each instance. Subject to the restrictions outlined above, the Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. e. Except as outlined in Section 8(a), the Terms are governed by the laws of the State of Utah, without respect to any conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Terms or the Services will be decided exclusively by a court of competent jurisdiction located in Utah County, Utah. Each party consents to the exclusive jurisdiction and venue of those courts, and each party waives any jurisdictional or venue defenses otherwise available to it.
   
   
5. You represent and warrant that: (i) you are at least 18 years old; (ii) you have read and understand all of the Terms, and you intend to be bound by them; (iii) you have not been previously removed or prohibited from using the Services; (iv) your particispation in the Services will not violate any applicable law (including any applicable ordinances, rules, regulations, orders, or other requirement of any applicable government authority); (v) you have the right, power, and authority to enter into the Terms and perform the obligations required under the Terms; and (vi) by agreeing to the Terms and performing your obligations, you will not violate any other agreement to which you are bound.
   
   
6. The captions and section and paragraph headings used in the Terms are for convenience only and will not affect the meaning or interpretation of the Terms.
   
   
7. If any provision of the Terms is held to be invalid or unenforceable, that provision will be eliminated or limited to the minimum extent necessary so the parties’ intent is given effect, and the remainder of the Terms will have full force and effect.
   
   
8. The Terms represent the entire agreement between us and you with respect to the Services, and it supersedes all previous agreements and communications with respect to the Services.